J.M.MALIK, S.M.KANTIKAR
K. D. Suchak & Geeta K. Suchak – Appellant
Versus
HI - Life Developers Pvt. Ltd. – Respondent
J. M. Malik, Presiding Member—There was a delay of 26 days in filing this appeal, which was condoned vide order passed by our predecessor Bench on 05.05.2011. The facts germane to the present case are these. Hi-Life Developers Pvt. Ltd. –OP-1, Mr. Dhiraj P. Shah-OP-2, Mr. Chaitanya N Parekh- OP-3, Mr. Chirag V Shah-OP-4, Mr. Vinayak C. Shah –OP-5, issued a brochure in the year 2001 with the Scheme of construction of farm house measuring half Acre agriculture land and construction of 1250 sq.ft. in Village Ovale, District Thane. Complainants Dr.K.D. Suchak and Mrs. Geeta K. Suchak booked one half Acre farm house by paying Rs.4,50,000/- by cheques and Rs.50,000/- in cash. OP-3 issued an allotment letter dated 23.08.1991. The total consideration was agreed at Rs.6,00,000/- for the said farm house. The said project was known as “COSMOS”.
2. Thereafter, several letters of request were sent to the OPs to hand over the possession of the farm house but these efforts made by the complainants did not ring the bell. Ultimately, the complaint was filed before the State Commission on 01.12.2001, wherein the following prayers were made:-
“(a) that the opposite parties be jointly and severall
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